I have been charged with the false sexual harassment by my female manager.
Below are the 2 incidents on which I have been alleged.
Case 1: 11 months ago, I took her inside a meeting room (located at center of floor, having transperent glass doors in the mid day in presence of almost 60-70 employees around to discuss work related issues. I “locked” the door to avoid any disturbance to fellow team mates sitting just outside the door. Intent behind locking the door was to avoid any loud noise reaching outside the meeting room if we get in to any arguments because she is very loud and has no manners. I didn’t want anyone to make fun of that meeting. After that meeting, she went out normally and smiling.
The very same day, I thanked her on the whatsapp for understanding the issues and on which “she responded with a smiley”. I have the screenshots of that.
Here, charges were dropped on me because of the locking the door.
Case 2: Recently, me and my new male manager had a huge fight. In that argument, I abused him. I admit it is not ethical & should not be in place. He has no manners at all and suppress everyone and that day he yelled at me in front of other team members which was an abuse and harassment for me and that’s where the fight started. The female manager I wrote about above has charged me with sexual harassment as I abused in front of her. She was present there & witnessing the entire scenario with her own consent/awareness. I didn’t say anything to her.
The HR called me spontaneously few days back and started threatening me on the name of police, court, metoo movement and asked me to write a statement saying that I understand I have been alleged with sexual harassment charges and asked to apologise for the abuse thing. At that time, due to the way they were talking to me, I could not understand anything and did what they said.
This is a conspiracy to fire me as I never bowed down in front of this corrupt managers.
Please suggest what should I do.
My team members suggested to write an email with whatsapp screenshots about all this to the higher management from both team and HR end and include all the team members and ask the team about if they felt anything like that as they were there. Also, to ask for CCTV footage for that day.
A few team members are willing to respond on the email telling the truth which is against the female manager.
Is this the right way? Please suggest.
14th November 2018 From India, New Delhi
Case 1
Locking the door was wrong.
Closing the door could have served the same purpose of avoiding disturbance etc.
Anyway you have evidence of the lady not misunderstanding the locking of door.
Case 2
You abused you manager, and it cannot become sexual harassment of the witness.
Pl try and sort out the matter in house itself
If not possible then take legal help.
Your issue appears to be an interpersonal incompatibility problem resulting in legal issues.
What evidence you have about corrupt managers?
14th November 2018 From India, Pune
May be the fellow employees can express their views as how they have harassing by suppressing.
Won’t the biggest corruption evidence be when I email the thread to the higher managment and the team members, and the team members respond against them saying that these are false allegations?
Is it a good idea Emailing higher management and team members because that’s the only way to show my side of evidences which the HR is avoiding?
14th November 2018 From India, New Delhi
Dear member,
What has happened with you is quite unfortunate.
If your teammates are ready to be your witness then I recommend you putting up application to the MD of your company asking for conducting through enquiry. In the application narrate the incident but do not reveal that you have material evidence of any kind or you have witnesses.
However, please note that you may not rely cent per cent on the teammates for deposing before enquiry officer as the witness. Many times people commit something but when it comes to actual deposition they develop cold feet.
You say that you have observed corruption by the managers. But then do you have material evidence of their actus reus? If yes, then put up separate application to inform MD about the corruption. However, in the application do not disclose about the evidence that you have.
Dinesh Divekar
14th November 2018 From India, Bangalore
Dear anony,
Indeed what has happened is very unfortunate. I suggest you go through the guidelines of POSHAW act to gain an understanding on the subject.
Case 1 - help me understand how bolting the door will reduce the noise from going outside? The act of bolting the door to avoid noise from going outside is just silly and lame. And i can't recall seeing a full glass door ever with a lock or a bolt. The only thing that can come to your rescue under such a circumstance is camera recordings if any, eye witnesses who saw you both in a discussion and maybe chats if they are relevant.
2. Cussing at work at a dear colleague is christened as a misconduct. Please understand that office is a controlled environment, and one really needs to keep calm. Yet however such an act can't be considered as an act of sexual harassment. While reviewing cases of sexual harassment, the internal committee assesses the nature of the issue and also the impact of the incident on the lady concerned irrespective of the intent of the offender. I think a mere apology is enough to close the case.
In case you are being framed by corrupt managers, you must approach your senior management with proof of corruption. In case you don't have proofs to substantiate your allegations of corruption, don't even bother wasting the time of your management.
Try to sort the entire thing amicably, make an apology if it works. Do seek professional legal advice if required.
15th November 2018 From India, Delhi
Dear Anonymous
If you are confident of your innocence let te inquiry be conducted by Internal Complaint Complaint Committee under POSH.
Shailesh Parikh
99 98 97 10 65
15th November 2018 From India, Mumbai
Locking the door is an issue. you should have avoided. Again as per you female Manager is very loud & Male Manager do not have manners. So you had a negative feel for both of them. First remove your mindset about them and approach . You may get better results.
15th November 2018 From India, Bhubaneswar
Dear colleague,
In both the incidences, I see no acts of sexual harassment committed by you. The act of just locking the door for a meeting with your female Manager in full gaze of many teammates neither amounts to sexual harassment nor abusing another male Manager in the presence of female manager who is just witness to it.
But your abusing the Manager amounts the misconduct if you are a workman under the Standing Orders Act provided the Act applies to your establishment.
You said you are falsely charged with sexual harassment. What does this mean. Have you been given the Charge sheet? Or She has filed the Complaint to the internal Committee under the Posh Act.
In either case you deny the charges and face the enquiry and I am sure you will come out clean as you committed no acts of sexual harassment. But consult some
Labour lawyer to present your case in the enquiry.
About your written apology, you go on record that the admission was extracted from you under threat and coercion
and whatever stated therein is not true.
Remember, you can call some Managers as corrupt only if you have some reliable evidence in your possession.
Vinayak Nagarkar
HR- Consultant.
15th November 2018 From India, Mumbai
So, I dropped an email with all the details and screeshots to the too management and the team. I got 4 responses in my favour out which 2 responses were recalled as the employees were threatened by my managers. Still 2 responses are there, 1 of a female employee and 1 of a senior employee at my position.
The lady who put the blames gave me a missed vid call on this Saturday after that incident. Don’t know the reason but I have that screesnshot too now.
Please tell me your point of view on this.
19th November 2018 From India, New Delhi
Dear Colleague,
Can't give any views as the essential contents of your mail and replies are not shared by you.
Vinayak Nagarkar
HR- Consultant
19th November 2018 From India, Mumbai
Dear friend,
I may add to what has been said so far-
1) Do you have any information like this or something of this sort in the past involving these two people. If yes, those incidents, tagging them here might help you to save you.
2) Was there any written complaint alleging these incidents so far or only oral threat. In which case is there CCTV footage, could it be secured to corroborate your role in the circumstances.
3) What could have been the motives behind these. Simple professional jealousy ? Apart from the bribery angle which is difficult to prove with evidence, Did you have any tiff with these people in the past and therefore taking revenge like this.
4) Cussing in the premises is not seen as a 'decent office manners' that too against your seniors not going to be spared. Therefore if you consider it reasonable you can even express regret over the 2nd incident.
5) What has been the reputation & rapport of these two in the office and with their seniors. Do you consider if you take up your side of defence escalated to Sr.Management will it be given due seriousness and judged on merits or they'll also possibly take sides?
Take next few steps carefully taking all these aspects together.
Let natural justice should prevail. All the best.
19th November 2018 From India, Bangalore
Dear Colleagues,
The poster ,despite asking to share details, has not bothered to do it.
This has resulted in learned members proceeding to give advice on the basis of the allegations of sexual harassment.
I have already stated that on the basis of limited data given, there are no acts of sexual harassment committed by him.
The first incidence of mere locking door for the meeting by no stretch of imagination amounts to SH. And that matter is closed and the poster has the reliable evidence in this regard.
The second incidence of abusing also does not amount to SH except that it separately constitutes a misconduct.
If poster does not give full information , the learned members may not bother to give views/advice.
Vinayak Nagarkar.
HR- Consultant
20th November 2018 From India, Mumbai
Hi Vinayak,
So, a female (junior) and a male colleague (senior) has reverted on my email where
1. I have asked the whole team to respond if they have ever or on that day felt in any way that she was being sh by me or ever. I even asked the team if I have ever sh any other female employee.
2. I have asked the HRs to bring in the cctv footage for that day.
I got replies from them stating that they were present that day and didn’t see anything like that.
1 of them even questioned that if I did sh that lady then how come I was promoted to a higher position where she was the approver.
The female employee has given her feedback that I was very respectful to her when she worked with me. They even said that they can’t relate me to any such activities. And they too demanded a fair investigation.
20th November 2018 From India, New Delhi
Dear colleague,
I have already stated that you face the enquiry and you will come out clean which is what is unfolding now.
Vinayak Nagarkar
HR- Consultant
20th November 2018 From India, Mumbai
If Incident No.1 attracts the SHWWP Act, then the following provisions will be implied:
• While the "workplace" in the Vishaka Guidelines is confined to the traditional office set-up where there is a clear employer-employee relationship, the Act goes much further to include organisations, department, office, branch unit etc. in the public and private sector, organized and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex and any place visited by the employee during the course of employment including the transportation. Even non-traditional workplaces which involve tele-commuting will get covered under this law.[19] [13]
• Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees.
The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level.
The Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60 days. [13]
• The Complaints Committees have the powers of civil courts for gathering evidence.
• The Complaints Committees are required to provide for conciliation before initiating an inquiry, if requested by the complainant.
• The inquiry process under the Act should be confidential and the Act lays down a penalty of Rs. 5,000 on the person who has breached confidentiality.
20th November 2018 From India, Bangalore
It will have huge negative impacts on both the organisation and the victims involved. It lowers employee morale and hinders their growth. Many times it leads to post-traumatic stress and the victims resort to alcohol and drug abuse, which ultimately affect their families too. As for the organisation, many times the victims end up suing it. Those Million dollar lawsuits are pretty common nowadays and companies must be on the lookout in order to survive.
YourSafeHub is an anonymous reporting board for employees to report hidden problems like bullying in the workplace. It gives workers a means of reporting these sensitive problems without fear and provides the company with a way to manage and resolve them without bias.
28th June 2019 From India, Delhi
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